Kerala High Court
Shamsudheen vs Lilly on 3 February, 2023
OP(C) NO. 209 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
OP(C) NO. 209 OF 2023
AS 59/2011 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II,
NORTH PARAVUR
PETITIONER/S:
1 SHAMSUDHEEN
AGED 72 YEARS
KATTISSERY HOUSE, ALAMTHURUTH KARA, VADAKKEKKARA
VILLAGE, PARAVUR TALUK ., PIN - 683522
2 SHANAVAS
AGED 48 YEARS
KATTISSERY HOUSE, ALAMTHURUTH KARA, VADAKKEKKARA
VILLAGE, PARAVUR TALUK ., PIN - 683522
3 SHAJAHAN
AGED 46 YEARS
KATTISSERY HOUSE, ALAMTHURUTH KARA, VADAKKEKKARA
VILLAGE, PARAVUR TALUK ., PIN - 683522
BY ADVS.
ZAKEER HUSSAIN
K.A.SANJEETHA
RESPONDENT/S:
1 LILLY
AGED 64 YEARS
MAZHUVANCHERY HOUSE, PATTANAM KARA, VADAKKEKKARA
VILLAGE, PARAVUR TALUK ., PIN - 683522
2 BABY GEORGE
AGED 62 YEARS
MAZHUVANCHERY HOUSE, PATTANAM KARA, VADAKKEKKARA
VILLAGE, PARAVUR TALUK - 683 522., PIN - 683522
3 BABU GEORGE
AGED 57 YEARS
MAZHUVANCHERY HOUSE, PATTANAM KARA, VADAKKEKKARA
VILLAGE, PARAVUR TALUK ., PIN - 683522
4 DAVID GEORGE
AGED 54 YEARS
MAZHUVANCHERY HOUSE, PATTANAM KARA, VADAKKEKKARA
VILLAGE, PARAVUR TALUK., PIN - 683522
OP(C) NO. 209 OF 2023 2
5 MARYKUTTY BABY
AGED 69 YEARS
MAZHUVANCHERY HOUSE, PATTANAM KARA, VADAKKEKKARA
VILLAGE, PARAVUR TALUK ., PIN - 683522
6 PRAVEEN BABY
AGED 40 YEARS
MAZHUVANCHERY HOUSE, PATTANAM KARA, VADAKKEKKARA
VILLAGE, PARAVUR TALUK ., PIN - 683522
7 MEERA BABY
AGED 35 YEARS
MAZHUVANCHERY HOUSE, PATTANAM KARA, VADAKKEKKARA
VILLAGE, PARAVUR TALUK - 683 522., PIN - 683522
BY ADV SRI.NANDAGOPAL
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 209 OF 2023 3
JUDGMENT
The original petition is filed to direct the Court of the
Additional District Judge, North Paravur, to consider and
dispose of I.A.No.8/2022 in A.S.No.59/2011 within a time
frame.
2. Pursuant to the order dated 27.01.2023 passed
by this Court, the learned Additional District Judge, by
communication dated 01.02.2023, has informed this Court
that I.A.No.8/2022 stands posted for hearing to
22.02.2023. The court below would consider and dispose
of the application, at any rate, on or before 08.03.2023.
3. Heard; Smt.K.A. Sanjeetha, the learned counsel
appearing for the petitioners and Sri. Nandagopal M.R.,
the learned counsel appearing for the respondents.
In view of the pleadings and materials on record and
after perusing the communication of the learned District
Judge, in exercise of the supervisory powers of this Court
under Article 227 of the Constitution of India, I direct the
Court of the Additional District Judge-I, North Paravur, to
consider and dispose of I.A. No.8/2022 in A.S. No.59/2011,
in accordance with law, as expeditiously as possible, at any
rate, on or before 08.03.2023. Until such time orders are
passed on I.A. No.8/2022, the Court of the Munsiff, North
Paravur, is directed to defer further proceedings in E.P.
No.62/2015 in O.S.No.624/2008.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
okb/3.2.23
//True copy// P.S. to Judge
APPENDIX OF OP(C) 209/2023
PETITIONER EXHIBITS
Exhibit.P1 TRUE COPY OF THE COMPROMISE PETITION DATED
06/02/2014 IN A.S.NO.59/2011 OF THE
ADDITIONAL DISTRICT COURT, PARAVUR.
Exhibit.P2 TRUE COPY OF THE AWARD OF THE LOK ADALATH
DATED 06/02/2014
Exhibit.P3 TRUE COPY OF THE EXECUTION PETITION
NO.62/2015 IN O.S.NO.624/2008 BEFORE THE
MUNSIFF'S COURT, PARAVUR.
Exhibit.P4 TRUE COPY OF THE COMMISSION REPORT DATED
21/02/2019 IN E.A.NO.1/2017 IN E.P.NO.62/2015
IN O.S.NO.624/2008 OF THE MUNSIFF COURT,
PARAVUR.
Exhibit.P5 TRUE COPY OF THE I.A NO.8/2022 IN
A.S.NO.59/2011 DATED 01/09/2022 ON THE FILE
OF ADDITIONAL DISTRICT COURT, PARAVUR
Exhibit.P6 TRUE COPY OF THE ORDER DATED 27/06/2022 OF
THE MUNSIFF'S COURT, NORTH PARAVUR.
